Terms of Service

Los Angeles County Metropolitan Transit Authority (LACMTA)

Last Updated: September 3, 2020

These Terms of Service (“Terms of Service”) form a legal agreement between you (“patron” “Cardholder” “you”) and the Los Angeles County Metropolitan Transportation Authority ("LACMTA” “us” “we” “our” “Metro”). These Terms of Service govern your use of all electronic LACMTA services, including services offered through its websites, mobile applications ("apps"), and other electronic services and any other services described in these Terms of Service whether electronic or not (collectively, the "Services"). These Services include, but are not limited to, the TAP® Mobile App, your TAP Account, and any programs, features, technologies and/or functionalities offered by LACMTA on taptogo.net, metro.net, or through any other means. The Services are provided to you subject to these Terms of Service as well as our Privacy Notice (“Privacy Notice”), which is incorporated into this agreement by this reference. You agree to our use of your personal information and content in accordance with our Privacy Notice.

I. General Terms

1. Application of General Terms: These General Terms apply to all Services. Additional terms apply to specific Services, and those additional terms are described below in Section II (“TAP Card Specific Service Terms”).
2. Acceptance of Terms: By accessing or using the Services, including on any computer, mobile phone, tablet, console, or other device, or through use of an electronic fare card, you signify that you have read, understand, and agree to be bound by these Terms of Service, whether or not you are a registered Services user. We have the right to change these Terms of Service at any time. You agree that we may provide notices, disclosures and amendments to these Terms of Service, and other information relating to your TAP Account or TAP Card by electronic means, including posting such materials online at taptogo.net. Your continued use of the Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, you may not use any of the Services.
3. Definitions: 3.1 Cardholder   The person who is the authorized user of the TAP Card. All TAP Cards are non-transferable, can only be used by the person associated with the speciﬁc card, and must be retained by the Cardholder for the duration of the trip.

3.2 TAP Participants   TAP Participants are transit providers that participate in TAP, a regional transit fare payment system for L.A. County area transit riders (“TAP Regional Program”). The current providers who participate in the TAP Regional Program and who accept the TAP Card are available at taptogo.net.

3.3 TAP Account   A TAP Account holds your personally identifiable information and is governed by the rules of the Privacy Notice. A TAP Account enables you to participate in cloud-based TAP Programs, such as Metro Bike Share. Your TAP Account also protects any Transit Stored Value or passes on your registered TAP Cards (see Balance Protection). Lastly, your TAP Account holds your payment information and your account cash balance which can be topped-up using a cash processor (see Payment Methods 3.7).

3.4 TAP Card   A TAP Card is a Smart Card which is issued to Cardholders, as deﬁned below, to pay transit fares on participating transit systems. The TAP Card may be in various forms of media as determined by LACMTA including, and without limitation to paper, plastic, and/or a virtual card stored in an electronic device, such as a mobile phone. The TAP Card is the property of LACMTA as the issuer of the card. Each TAP Card is uniquely identiﬁed by a serial number.

3.5 TAP Multimodal Program   A TAP Multimodal Program is a service that is connected with the TAP system through TAP Account Payment. The program’s business rules determine your eligibility in, interaction with and benefits from that TAP Multimodal Program. TAP Multimodal Programs include but are not limited to transit, scooter sharing, bike sharing, electric vehicle car charging, tolls and more. A TAP Multimodal Program requires you to have a TAP Account and submit an application or otherwise meet certain criteria in order to participate. The most up-to-date list of TAP Multimodal Programs can be found on taptogo.net or in the Mobile App.

3.6 TAP Customer Service Center   TAP Customer Service Center is the TAP entity responsible for: providing information, handling requests to add Transit Stored Value and Passes to TAP Cards, registering TAP Cards to a particular individual, implementing Autoload (see Section II. at subparagraph 7.1), and managing reports of lost or stolen TAP Cards. TAP Customer Service shall be provided by LACMTA and its agents. All communications between the TAP Cardholder and TAP Participants are handled by TAP Customer Service at 866.TAPTOGO (866-827-8646).

3.7 Payment Methods   You can manage a variety of payment methods in your TAP Account. Payment methods include credit/debit cards, cash processor(s) and other electronic payment options and may be used to pay for TAP Products and Services.

3.8 Materials   Materials are all content included on or through the Services, such as text (including blog posts, schedules, arrival information, fare information), graphics (including maps), designs, logos, presentations, videos, data, instructions, photos, and software. Materials are the property of LACMTA or its licensors and are protected by copyright, trademark, and other intellectual property laws.
4. TAP Account Creation: You may create your own account on taptogo.net or an account may be assigned to you by an administrator, such as an employer or educational institution. If you are using an account assigned to you by an administrator, additional terms may apply and your administrator may be able to access or disable your account.

In order to create your TAP Account, we may require that you submit certain personal information, including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address, zip code, and credit or debit card or other payment information. You agree that the personal information you provide to us when your TAP Account is created and at all other times is true, accurate, current and complete, and you agree to maintain and update this personal information with us as necessary. Please refer to the following agreements for additional information: Privacy Notice.

You are responsible, and may be liable, for any activity that occurs under your account. You should keep your username and password secure and you are not authorized to allow anyone else to use them to access the Services. LACMTA is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
5. Notification Preferences: You may opt in to receive notifications from us by setting your preferences. Your preferences can be changed at any time. Notification preferences may be managed by logging into your TAP Account at taptogo.net or on the TAP Mobile App or by calling TAP Customer Service at 866.TAPTOGO (866-827-8646).

You are responsible, and may be liable, for any activity that occurs under your account. You should keep your username and password secure and you are not authorized to allow anyone else to use them to access the Services. LACMTA is not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
6. Identity Authentication: You hereby authorize LACMTA, directly or through third-parties such as your employer, to make any inquiries LACMTA considers necessary to validate or authenticate your identity and account information. This may include asking you for further information and documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third-party databases or through other sources. This process is for internal verification purposes.
7. Log-ins and Security: It is your responsibility to keep your account secure by not sharing your log-in or security settings. Do not share your TAP Account username and password with anyone.
8. TAP Mobile App: The TAP Mobile App is available for download on participating App Stores. The TAP Mobile App allows users to plan trips, manage TAP Accounts and programs, purchase and validate fares across all TAP Participants.
9. Intellectual Property: The Metro Logo, TAP®, and other trademarks, service marks, and logos that we use are trademarks of LACMTA. Third-party trademarks that appear in connection with the Services are the property of their respective owners. You may not use any of the copyrights, trademarks, or other intellectual property displayed in connection with the Services without the express written permission of LACMTA or the applicable third-party owner.
10. Limited License: LACMTA grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to use the Materials provided to you by LACMTA as part of the Services. When a Service requires or includes downloadable software (such as apps), LACMTA grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to download the software onto your mobile device. These licenses are for the sole purpose of enjoying the Services and are subject to the license restrictions below.
11. License Restrictions: Unless laws prohibit these restrictions or you have our written permission, you may not:

11.1   Copy, modify, distribute, sell, or lease any part of our Services or included software;

11.2   Reverse engineer or attempt to extract the source code of our software;

11.3   Download, print, copy, distribute, or otherwise use Materials for commercial purposes, including commercial publication, sale, or personal gain;

11.4   Use any manual process or robot, spider, scraper, or other automated means to collect information or Materials from the Services or from users of the Services;

11.5   Circumvent any of the technical limitations of the Services or interfere with the Services, including by preventing access to or use of the Services by our other users;

11.6   Change or remove any copyright, trademark, or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Materials; or

11.7   Impersonate any person or entity or misrepresent yourself or your entity in connection with the Services, or attempt to use another user’s account without the user’s permission.
12. Third Party Services and Agreements: Your use of the Services may require the use of or contain links to third-party websites, applications, products, or services operated by other entities or require the use of third-party products or services to enable all functionality ("Third-party Services"), including a computer or mobile device, an internet connection or mobile data, and the like. LACMTA is not responsible for and does not endorse the content of any third-party website, application, or other product or service. Third-party Services are governed by the separate terms and privacy practices of such third-parties. You agree to comply with all applicable third-party terms and conditions when using our Services. LACMTA is not a party to those agreements and has no responsibility or liability for the products and services provided by third-parties. You use any Third-party Services at your own risk.

If you use the Services, such as the TAP Mobile App, on your mobile device, you are responsible for any fees that your phone service provider charges for, including, but not limited to, SMS, data,usage, and overage fees.
13. Changes to this Agreement: LACMTA reserves the right to change the terms of this Agreement and any associated policies at any time by providing written notice on the TAP website at taptogo.net. Your continued use of the Services constitutes acceptance and agreement to those revised terms.
14. Disputes: In the case of a dispute, LACMTA’s goal is to address your concerns regarding our Services and to provide you with a neutral and cost-effective resolution. Your concerns regarding our Services may be reported by emailing us at: customerservice@taptogo.net
15. Governing Law; Jurisdiction: These Terms of Service will be governed by the laws of the state of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
16. Limitation on Claims: Any cause of action or claim you may have with respect to the Services (including, without limitation, the purchase of products and services through the Services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
17. Class Action and Private Attorney-General Waiver: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND LACMTA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NOR MAY YOU OR IT BRING A PRIVATE ATTORNEY-GENERAL ACTION AGAINST THE OTHER.
18. No Waiver: LACMTA's failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision.
19. Warranty Disclaimer: Although LACMTA strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, complete, or error-free. The Services and Materials are provided “as is,” “as available,” and without warranties of any kind. You use the Services and Materials at your own sole risk. To the fullest extent permitted by law, LACMTA disclaims all warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, and noninfringement, as well as warranties implied from a course of dealing or course of performance. LACMTA does not warrant that the Services will be continuous, prompt, secure, or error-free. LACMTA assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third-party may incur as a result of the unavailability of the Services. LACMTA assumes no responsibility, and shall not be liable for, any damages to your equipment, devices, or other property arising from your use of the Services.
20. Limitation of Liability and Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LACMTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.
21. Indemnity: You agree to defend, indemnify, and hold harmless LACMTA and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use or misuse of the Services, including, without limitation, your content or any use of the Materials other than as expressly authorized in these Terms of Service.
22. Your Representations and Warranties: You represent and warrant that: (i) you have the legal capacity to enter into this agreement ; (ii) you have provided accurate and current information about yourself; (iii) you are eligible to use the Services and have the right and power to enter into these Terms of Service; (iv) you will comply with all federal, state, and local laws; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms of Service.
23. Assignment: We may assign all or part of these Terms of Service without notice to you without restriction. We are then released from all liability. These Terms of Service are personal to you, the user. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party without our prior written consent. Any attempted assignment by you without our prior written consent is void.
24. Survival: The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including, without limitation, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liability and Damage, and Class Action and Private Attorney-General Waiver.
25. Entire Agreement: These Terms of Service and the Privacy Notice constitute the entire agreement between you and us and govern your use of the Materials and Services. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including, without limitation, any prior versions of these Terms of Service. Notwithstanding the foregoing, your participation in other LACMTA or TAP Participant programs may be subject to additional terms and conditions specific to that program, in addition to these Terms of Service. Examples include, but are not limited to, subsidy programs, qualified fare-reduction programs, institutional programs, and TAP Cards issued through your employer, school or nonprofit organization.
26. Severability: If any provision of this Terms of Service, is determined by a court of competent jurisdiction to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be valid and enforceable.
27. Termination: LACMTA reserves the right in its sole discretion to: (i) suspend or terminate your account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. LACMTA also reserves the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or device numbers.
28. Communications: By using the Services, you agree to receive certain electronic communications from us, whether through the Services, SMS, by email, or otherwise. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and LACMTA may be recorded and stored. You agree and license LACMTA to use all such communications from you for any purpose. LACMTA will treat any personal information in your communications in accordance with our Privacy Notice.

By opting in to notifications, you agree that we or persons acting for us may send you informational text (SMS) messages as part of your use of the Services. You may opt out of receiving text (SMS) messages from LACMTA at any time by replying STOP to the text or by emailing LACMTA at customerservice@taptogo.net indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

All questions, notifications, and communications shall be addressed to:
TAP Customer Service
One Gateway Plaza
Mail Stop 99-2-3
Los Angeles, CA 90012
taptogo.net
For the Deaf and Disabled Telecommunications Program: Dial 711

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